EU countries may ban the sale of food-like cosmetics – but only if there is a risk of confusion and a health risk, the European Court of Justice (ECJ) ruled on Thursday in Luxembourg. Even then, a ban is not absolutely necessary, it said.
The background to the verdict is an ongoing lawsuit in Lithuania: a cosmetics manufacturer was accused of selling bath bombs that look like food and thus endangering the health of children and the elderly in particular. According to the manufacturer, however, the similarity is not sufficient for a ban. In addition, it has not been shown that such a mix-up could actually be dangerous. The Supreme Administrative Court in Lithuania then referred the dispute to the ECJ.
Risk of confusion with food: Cosmetics may be banned
The Court stressed that national authorities should assess on a case-by-case basis whether there is a risk due to the resemblance to food. According to EU directives, one cannot at least prescribe a general ban. Among other things, it must be foreseeable that children, for example, could put the product in their mouths and swallow it. This must be associated with health risks, such as the risk of suffocation or poisoning.
However, since this cannot be proven in the specific case, the administrative courts in Lithuania should now clarify the dispute. However, reliable proof that there are health risks is not absolutely necessary for a ban, it said.